What do tenants need to know to break a lease without penalty?

In Virginia, tenants who wish to break their lease without penalty need to be aware of a few important rules. First, tenants must provide their landlords with written notice of intent to vacate at least 30 days prior to their intended move out date, as specified in Virginia Code § 55-225.75. This must be done in order to ensure that landlords have time to locate a new tenant. If tenants do not provide their landlord with the required written notice, they may be liable for any rent the landlord cannot collect until a new tenant moves in. Second, tenants may break their lease without penalty if their landlord fails to comply with the Virginia Residential Landlord and Tenant Act (VRLTA). Violations of the VRLTA might include failing to fix an unsafe or unsanitary condition, failing to provide adequate security for the rental unit, or failing to provide basic services such as heat, water, or electricity. If tenants believe their landlord is in violation of the VRLTA, then they may be able to legally break their lease with no penalty. Finally, tenants may be able to break their lease without penalty if they can provide evidence that their unit was not fit for human habitation. In order for this to be considered, the tenant must be able to provide evidence that their unit was not safe, was not sanitary, did not provide adequate protection from the elements, or otherwise posed a threat to the tenant’s health or safety. In all cases, tenants should consult an attorney or their local housing authority before attempting to break a lease. This will ensure that any questions or issues related to breaking a lease in Virginia are addressed correctly.

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